14.7.2012

EN

Official Journal of the European Union

C 209/11

(Case T-208/12)

2012/C 209/19

Language of the case: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by M. Gail, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 February 2012 in Case R 1552/2011-1;

—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Community trade mark concerned: Other mark relating to shoes with laces at the end of which are red aglets, for goods in Class 25 — Application No 9 130 361

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

—Infringement of Article 7(1)(b) of Regulation No 207/2009

—Infringement of the principle of equal treatment